Lopez

MEMORANDUM **

Ernesto Mendez Lopez, a California state prisoner, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition, challenging his conviction by guilty plea for second degree murder. The district court dismissed the petition as untimely under 28 U.S.C. § 2244 (d). We have jurisdiction pursuant to 28 U.S.C. § 2253 . 1 We review de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we reverse and remand for further proceedings consistent with this opinion.

Lopez contends that prison lockdowns constitute an extraordinary circumstance *337 entitling him to equitable tolling of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) statute of limitations. This claim is not persuasive. Lopez fails to allege how long these lock-downs lasted or how they prevented him from filing a timely petition. See Miles v. Prunty, 187 F.3d at 1107 (permitting equitable tolling only when external forces, not petitioner’s lack of diligence, account for failure to file timely claim).

Lopez next contends that his attorney’s failure to file a notice of appeal from his conviction deprived him of the right to the effective assistance of counsel and therefore…